05 October 2006

Ethics Lesson #1:
Prosecutors Cannot Talk to a Defendant With an Attorney

The Bar frowns upon this.

5 comments:

Anonymous said...

But what about a defense attorney talking with the victim of a crime his client is accused of?

Anonymous said...

Don't forget that one, Ken. And don't forget to memorize your new "additional" responsibilities.

Ken Lammers said...

I know this one.

A couple days ago I'm working out a bond hearing with an attorney in the courtroom. The defendant is standing there in the orange uniform next to us, chains and all. It went something like this: I'd ask the attorney, "Does he . . .?" The attorney would turn from me and look at his client. Client would answer the question. The I'd ask the attorney, "Did he . . .?" and the whole cycle would repeat.

It was the silliest thing, but I couldn't talk to the guy directly.

Anonymous said...

Ha Ha - I guess its ok as long as you speak in abbreviated code – I’ll remember that for the ethics bar …

Anonymous said...

You can't have sex with one either (at least not without her attorney present). A prosecutor in my office was fired for this, though only publicly reprimanded by the bar.